Fluke Electronics Corporation v. Mangelsen et al

Filing 62

ORDER TO SHOW CAUSE re Settlement. Stipulated Dismissal or Joint Show Cause Response due by 1/26/2009. Order to Show Cause Hearing set for 2/2/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James WAre. Motions terminated: 34 First MOTION to Compel Arbitration filed by Clifton Warren. Signed by Judge James Ware on 12/30/2009. (ecg, COURT STAFF) (Filed on 12/30/2008)

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AS MODIFIED: Pursuant to the parties' representation that above-entitled matter has reached a settlement, the Court vacates all trial and pretrial dates. In addition, although the Statement of Settlement does not refer to Defendant Mangelsen's cross-claims against Clifton Warren, the Court DENIES Warren's pending Motion to Compel Arbitration (Docket Item No. 34), without prejudice to be renewed in the event that the parties' settlement does not cover the cross-action. On or before January 26, 2009, the parties shall file a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a). If a dismissal is not filed by the specified date, all parties shall appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca. on February 2, 2009 at 9:00 a.m. and to show cause, if any, why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(b). On or before January 26, 2009, the parties shall file a joint statement in response to the Order to Show Cause. The joint statement shall set forth the status of the activities of the parties for finalizing the settlement and how much additional time is requested to finalize and file the dismissal. If a voluntary dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action. Dated: December 30, 2008 ____________________________ JAMES WARE United States District Judge